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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 2252/2011
INSTITUTE FOR INNER STUDIES & ORS ..... Plaintiffs
Through : Mr. Rajiv Nayyar, Sr. Adv. with
Mr.Tejas Karia, Mr. Karan Mehta and
Ms.Aradhana Lakhtakia, Advs.
versus
CHARLOTTE ANDERSON & ORS ..... Defendants
Through
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
ORDER
% 14.09.2011 I.A.NO.14618/2011.
1. This is an application filed by plaintiffs seeking exemption from filing clear, legible, typed copies of dim annexures with adequate left margin.
2. Exemption allowed, subject to plaintiffs' filing clear, legible, typed copies of dim annexures with adequate left margin within ten weeks from today. Application stands disposed of.
I.A.NO.14619/2011
3. This is an application filed by plaintiffs seeking exemption from filing original documents.
4. Exemption allowed, subject to plaintiffs' filing original documents within ten weeks from today. Application stands disposed of. I.A.NO.14620/2011.
5. This is an application filed by plaintiffs seeking enlargement of time in filing the Court fee.
6. Let the court fee be filed within seven days from today. Application stands disposed of.
CS(OS) 2252/2011 & I.A.NO.14617/2011
7. Issue summons in the suit and notice in the application to the defendants, returnable on 23.11.2011.
8. Plaintiffs have filed the present suit for declaration, permanent and mandatory injunction.
9. Learned senior counsel for the plaintiffs submits that plaintiff no.1 is a company incorporated in Philippines and was established by late Mr.Samson Lim Choachuy (Legal Name), revered as Master Choa Kok Sui, on 27.4.1987 (hereinafter referred to as "Master") to spread Pranic Healing, Archatic Yoga, Inner Teachings and Practices globally. Senior counsel further submits that plaintiff no.1 is the head institution, which controls the functioning of plaintiffs no.2 to 3 and also the functioning of plaintiffs no.4 to 6 established in India. Senior counsel next submits that the Master was a world renowned authority in the field of Pranic Healing and Esoteric Sciences of Pranic Healing. The Master was a spiritual guru, and an internationally read author of numerous books and manuals on the subject of Pranic Healing. The Master established plaintiff no.1 with the primary objective to engage in and carry on business of distribution, publishing books and printed material, to conduct workshops, seminars, lectures on Pranic Healing and Esoteric Sciences across the globe.
CS(OS) 2252/2011 2/5
10. Learned senior counsel for the plaintiffs submits that defendants no.1 claims herself to be married to the Master on 31.12.2006 and also claims to be the legal heir of the Master along with plaintiffs no.7 to 10, however, the proceedings initiated by defendant no.1, in this regard, stand dismissed by the Regional Trial Court, Quezon City in Philippines, and the appeal filed by defendant no.1 also stands dismissed. Senior counsel further submits that Master during his life time had founded various organizations all over the world including in various parts of India and all the organizations are affiliated to, licensed by and duly authorised by the plaintiffs to spread the teachings of the Master and inter alia conduct the Master's courses, details of which have been extracted in para 26 of the plaint. Senior counsel next submits that all other organizations including the organizations arrayed as defendants no.3 to 14 are not authorised to carry on the courses of the Master or to use any other property, which is owned by the plaintiffs. Senior counsel also submits that any license or authority derived by defendants no.3 to 14 from defendants no.1 and 2 are illegal and without any legal force.
11. It is contended by learned senior counsel for the plaintiffs that 20 licensing agreements were executed by plaintiff no.2 on 25.9.2006 in favour of defendant no.1 permitting defendant no.1 to promote, conduct, operate the courses of Master for a term of 20 years unless the licensing agreements were terminated before for any reasons. It CS(OS) 2252/2011 3/5 is further contended that above mentioned licensing agreements prohibited defendant no.1 from transferring the rights granted to defendant no.1 to any other third party without prior consent of the licensor. Defendant no.1 was also prohibited from extracting and/or compiling materials from any of the Master's books, courses, lectures, CDs and/or any audio material. Defendant no.1 was also duty bound to protect the intellectual property of the Master.
12. Learned senior counsel for the plaintiff submits that defendant no.1 fully acknowledged the authority of plaintiff no.1 in respect of printed material, audio/video recorded materials obtained during the workshops or any session given by the Master. Senior counsel for the plaintiff has relied upon email dated 23.3.2007 sent by defendant no.1 to all the members of the Pranic family. Senior counsel further submits that all the licensed agreements executed in favour of defendant no.1 stand terminated on 17.5.2010 whereas defendants no.1 and 2 even after the termination of the licensed agreements are conducting unauthorized classes, publishing books and infringing the trade marks and copyrights, which vests in plaintiff no.1. Senior counsel next submits that after the termination of the licensed agreements, holding of such classes and distribution of material, etc., is without any authority. Senior counsel, in these circumstances, prays for ex parte ad interim injunction.
CS(OS) 2252/2011 4/5
13. I have heard learned senior counsel for the plaintiffs and also perused the plaint, application and the documents filed along with the plaint. I am satisfied that it is a fit case for grant of ex parte ad interim injunction. Accordingly, till the next date of hearing, defendants no.1 and 2 are restrained from conducting the proposed Kriyashakti workshop and Pranic Feng Shui workshop in New Delhi in collaboration with defendant no.2 in September, 2011, and further defendants, their agents, assigns, affiliates, subsidiaries, servants, or any person or body claiming directly or indirectly through defendants no.1 and 2 and all the foundations, institutions, trusts, companies and other bodies functioning under the authority of defendants no.1 and 2 are restrained from organizing and continuing to organize workshops, training programmes, seminars and teachings of the Master's courses, techniques, distributing of CDs/DVDs, books, recording of the Master's courses and all other items loaned to defendant no.1 under the licensing agreements executed including instructor's manuals, unused certificates of participation and other documents relating to the licensed activities. It is made clear that in case any course or workshop is in progress, with a view to avoid any inconvenience to the person enrolled for the course, the same shall not be disturbed till the end of the course. Plaintiff shall comply with the provisions of Order XXXIX Rule 3 CPC within seven days from today. DASTI.
G.S.SISTANI,J
SEPTEMBER 14, 2011 msr
CS(OS) 2252/2011 5/5